First Hearing Held in Long-Dormant Alien Terrorist Removal Court

A 47-year-old Texas woman, Nazira Haji Zada, became the first person to appear before the Alien Terrorist Removal Court, a special tribunal established by Congress in 1996 to facilitate the removal of non-citizens labeled as terrorist threats. The hearing took place in Washington, D.C., before Chief Judge Joan Ericksen, who normally serves on the federal bench in Minnesota.

Zada, a lawful permanent resident, was arrested earlier in the week after the Justice Department filed a petition on July 15 seeking her removal for an alleged role in a plot to carry out a mass shooting on Election Day 2024. She was accompanied by federal public defenders Matthew Farley and Mary Petras, as well as two translators.

"This is not a criminal matter. This is a civil matter," Judge Ericksen said, noting that the case was the first to be heard by a court that had been inactive for three decades.

The Department of Justice argued that Zada, described as the head of an Afghan family, had assisted her son and son-in-law—both convicted of conspiring to support ISIS and acquire firearms—for a planned attack. Acting Deputy Assistant Attorney General Hayden O’Byrne presented the government’s allegations, while Zada’s counsel contended that the removal process violated the First, Fourth, Fifth and Sixth Amendments.

"This entire scheme is in violation of due process and unconstitutional," Farley asserted.

Judge Ericksen denied a request for Zada’s immediate release but indicated that challenges to the proceedings could be raised in future hearings. Acting Attorney General Todd Blanche defended the use of the court, stating that Congress created it to remove alien terrorists who should not be in the United States.

The case follows the October 2024 arrests of Zada’s son, Abdullah Haji Zada, and son-in-law, Nasir Ahmad Tawhedi, who were charged with conspiring to provide material support to the Islamic State and attempting to obtain firearms for a terrorist attack. Both pleaded guilty earlier this year.

The Justice Department said Zada had arranged a one-way flight for her remaining children to Afghanistan and had encouraged them to support the extremist group, but she has not been charged with a crime. The outcome of the removal proceeding remains pending, and the Department indicated it will continue to use the court as one of its tools to address alleged alien terrorist threats.